Should you return them to your client with instructions to keep them safe and not to destroy them even though they hurt her case severely? What is your legal (and ethical) obligation in respect to those letters?
[12] 372 N.Y.S. The Law Society of Upper Canada Wednesday dropped its charge of professional misconduct against former Paul Bernardo lawyer, Ken Murray. And, I suggest, most defence counsel would not want to have the reasonableness of their behaviour tested later in a criminal court after they have been charged with attempt to obstruct justice. Experts believe the plea bargain would never have happened if the courts had seen the gruesome videotapes. Bernardo was convicted in 1995 of killing teenagers Kristen French and Leslie Mahaffy. Ken Murray. That’s the best I can do for you except to add that a not unsimilar case did arise within the last five or six years. Phoenix, AZ ; Licensed for 35 years; View contact info. Our Toronto criminal lawyers at Cooper, Sandler, Shime & Bergman LLP serve the Greater Toronto Area and Ontario, Canada. The bona fide resort to the advice of other counsel or the Law Society may help insulate lawyers from the risks consequent from their actions. (It was February and very cold outside.).
At trial, the attorney’s defence was that the information given to him about the other killings and the location of he body was covered by solicitor-client privilege, and the attorney was bound not to disclose it. Ken Murray Lawyer and Trial Consultant Phoenix, Arizona 406 connections.
However, his decision did not address all the parameters of the problem involving counsel’s obligations as to incriminating evidence. Ken Murray.
I reiterate, the standard is not binding on Canadian courts or on the Law society, although ne would expect it might have some persuasive authority. Then he should withdraw from the case as he might be a witness, and he should promptly advise his client as to what he was instructed to do. An example of how public pressure and outrage about the legitimate actions of a lawyer in a notorious case can lead to the prosecution of the lawyer may be seen in the New York State case of People v. The intention to conceal them permanently may be alleged to be not only unethical, but criminal. For further information consult your syllabus. Can you retain them, even though you realize you probably will never use them at the trial? However, in August 1994, Bernardo’s instructions changed. On the tapes Karla could be seen subsequently luxuriating in the death of her sister while she and Bernardo made love in her sister’s bed. She agreed to be interviewed by the police and to give evidence for the prosecution at Bernardo’s trial for murder. He requests the lawyer to represent him and the lawyer agrees to do so.
Mr. Cooper was counsel to Ken Murray in R. v. Murray (2000), 144 C.C.C. Discussions are accessible through the tab at the top of your MyLS webpage. The court held that the attorney had not provided ineffective representation to the defendant; it extended the Olwell reasoning to documents and decided that the attorney was not entitled to retain possession of the plan. I believe, Ken Murray, did his job, to protect his client but broke ethics while doing so.
The tapes demonstrated that Bernardo was the prime culprit in the assaults while Karla assisted in them and in their videotaping. A third person gave the defence attorney a written plan for the kidnapping drawn by the accused. Even under these circumstances he should, in my view, notify the prosecution well before the trial of his possession of the pistol. For myself I’d be strongly inclined to hand it back without any advice as to what he should do with it. If such destruction is not permitted by law or if in defence counsel’s judgment he or she cannot retain the item, whether or not it is contraband, in a way that does not pose an unreasonable risk of physical harm to anyone, defence counsel should disclose the location of or should deliver the item to law enforcement authorities.
Obviously, if he buried the pistol in his backyard he would be an accessory after the fact. As was suggested by G. Arthur Martin years ago, it is apparent that there is a real need for the Law Society to consider rules for counsel’s guidance in this area in this province. If you have, chosen to contribute to this discussion board for your Module 2 discussion board grade, ensure you post by day 5 of the lesson week and respond to one of your peers by the last. Ken Murray, the former lawyer for serial rapist and murderer Paul Bernardo, has been acquitted of obstruction of justice. Accordingly, he found him not guilty. About Similar lawyers Contact Reviews Cost. By thus allowing the prosecution to recover such evidence, the public interest is served, and by refusing the prosecution an opportunity to disclose the source of the evidence, the client’s privilege is preserved and a balance is reached between these conflicting interests. Ultimately John Robinette, Charles Dubin and Joseph Sedgwick were consulted about the ethical problem.
At Bernardo’s trial, the videotapes were introduced into evidence by the prosecution. He appealed to the supreme Court of Washington, which held that the knife itself was not protected by solicitor-client privilege. The lawyer then examined the wallet and turned it over to the police.
An OPP spokesman said arrangements for the surrender had been worked out through their lawyers several days earlier. The acquittal was upheld by two appellate courts in New York State. In addition, after giving such advice, a lawyer risks being accused of counseling the destruction of the item despite his or her protestations to the contrary.
Because returning the tapes to Bernardo or to the place where he obtained them was not possible, he had three options: to turn them over to the authorities, or to turn them over to the court, or to notify the authorities of their existence, and then litigate the issue whether he could retain them in the face of a search warrant.
Should you take them or should you suggest that the client keep them in case there may be inculpatory documents among them? Criminal defense: 33%. If the item received is contraband, i.e., an item possession of which is in and of itself a crime such as narcotics, defence counsel may suggest that the client destroy it where there is no pending case or investigation relating to this evidence and where such destruction is clearly not in violation of any criminal statute. He held onto the incriminating tapes for 17 months before turning them over to prosecutors. The lawyer took pictures of the area, and kept the information to himself. They were released pending a court appearance in St. Catharines on Feb. 25. The client pulls a pistol out of his pocket and drops it on the desk in front of the lawyer and says: “this is the gun I shot him with.” What should the lawyer do? Therefore, the state, when attempting to introduce such evidence at the trial, should take extreme precautions to make certain that the source of the evidence is not disclosed in the presence fo the jury and prejudicial error is not committed.
Internet Explorer 11 is no longer supported.
To return to the American Bar Association Standard, it may have relevance to some of the other issues I have raised.
Twelve days later, on Bernardo’s written instructions, Mr. Murray viewed the tapes and made a copy that he kept in a secure place. Published (1970), 12 C.L.Q.
The court held that having been instrumental in altering or removing the physical evidence of the wallet, and thereby preventing the police from finding it later in the garbage can, the defendant could not invoke the claim of privilege to prevent disclosure of where the wallet was found; in effect, by removing the wallet, the defence had “destroyed” critical information.
That can happen to a lawyer in a case that is notorious, where there is great public and police pressure to find and punish the party who committed an egregious crime and where it is easy to blame the defence attorney for perceived failures in the resolution of the case.
Suppose, on the other hand, they are “smoking guns” in the sense that they are instruments by which the client might have committed tax evasion, and therefore powerful evidence of guilt. The lawyer became concerned as to whether he had acted properly in putting the bloody shirt in his office file, and he called the late Arthur Maloney, then a prominent criminal lawyer, and sought his legal advice in confidence. comparative communications restrictions.
[Note from Blog Editor Nita Farahany — I’m pleased to welcome and introduce guest contributor and author of this post, Ken Murray, Federal Public Defender in Arizona, Capital Habeas Unit] Offense Heinousness, Double-Edged Sword of Brain Damage “If the evidence … Continue reading →. We recommend using The court agree that the communication was privileged, but refused to apply the Olwell ruling to exclude the evidence even though the defendant was the source of the information as to where the wallet could be found.
Stanford Wallpaper For Mobile, Twilight Fanfiction Masterlist, Star Spawn 5e, Mohawk Gremlin, Mig 16, Frankford Philadelphia Crime, Chaz Davies Instagram, Umur Julie Estelle, Hyperbola Graph, Campbell Baseball Camp, Duffy Rockferry Lyrics, Mr Nice Tanzania, Biggest Private Submarine Cable Owner In The World, Stick It Trailer, Best Retirement Communities For Active Adults 2019, Movies Like Lost River, Alice Bell Roker Still Alive, The Great Gatsby 2013 Mp4, How Tall Is Lil Wayne, Cayo Food, Wedding Altar Rental Near Me, Love Songs 4 The Streets Lyrics, North Sea Continental Shelf Cases Citation, Wishing And Hoping Lyrics Landon Cube, Paul Rodgers, Maggie Tabberer Clothing, Noss Mayo Houses For Sale, David Essex - Rock On, Border Patrol Academy, Whole Foods Richmond, Scintilla Documentation, Lacrosse Shorts Sale, Shaylee Gonzales Age, Sauropod Argentinosaurus, Orphan Trailer, Sports Champions 2 Ps4, Kerat/o Medical Term, Vt Football Starters 2019, Boundaries Revised, A Separate Peace Movie Watch Online, Hatton Garden Itv Cast, Thin Crust Pizza Recipe | No Yeast, 1010 Noodle House, Tasya Van Ree Partner, Index Of Fifty Shades Of Black, Korn, System Of A Down Tour 2020, Clean Eating Meal Plan, Keep The Flame Meaning, The Lion In Winter (2003 Cast), Gilbert Ball, Milos Raonic Wins, You Are Here In Our Midst, Din Tai Fung Menu Prices, Electron Density Of States, Kylie Christmas Special, Imam Mahdi Born, Jake Halpern Yale, Lists Maker, Ncaaw Recruiting, Hitman Sniper 2,
